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quitclaim Deed

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tmclarty

Junior Member
What is the name of your state?GA
I own land that I sold and issued a note secured by real estate, variable installments. The purchasers, husband and wife (now divorced) has defaulted on the loan. Can I file a quitclaim deed and repo the land? I do not want to forclose and sale on the courthouse steps.
 


shortbus

Member
Are you confusing a quitclaim deed with a pay rent or quit notice?

A quitclaim deed transfers whatever interest someone has in a property to someone else. It is an instrument of property transfer.

A pay rent or quit notice allows a landlord to evict a tenant who hasn't paid rent (in certain jurisdictions). But you're not the landlord, and they're not the tenant. They own the property, and you have a lien on it as a mortgagee.

If your mortgagors have defaulted, you need a lawyer, and you need to foreclose.
 

nextwife

Senior Member
tmclarty said:
What is the name of your state?GA
I own land that I sold and issued a note secured by real estate, variable installments. The purchasers, husband and wife (now divorced) has defaulted on the loan. Can I file a quitclaim deed and repo the land? I do not want to forclose and sale on the courthouse steps.
Or are you perhaps referring to a deed in Lieu of Foreclosure? Is it a deed FROM your purchasers you wish to record? Are they willing to walk from the property and deed it back?
 

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